심해저 유전자원에 관한 국제법적 연구

Abstract

The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Discoveries of highly complex and diverse ecosystems in the Area, coupled with advances in the biotechnology sector, have led to increasing interest and activities in relation to genetic resources to be found in the Area.

International attention is increasingly being given to genetic resources in the Area owing to their considerable potential scientific and economic value. Such attention has generated a debate over the legal status of genetic resources and bioprospecting in the Area.

Two international instruments are most relevant to the issue of the genetic resources in the Area: the UN Convention on the Law of the Sea (UNCLOS) and the Convention on Biological Diversity(CBD). But the CBD is not apply to genetic resources in the Area.

Within the regimes of the UNCLOS, different views have been expressed on whether the Area's genetic resources fall under the regimes for the Area(Part XI) or under the regime for the High Seas(Part Ⅶ).

UNCLOS does not use or define the terms genetic resources. Since genetic resources are included in the definition of biological resources these resources are considered living resources. However, Part XI of UNCLOS only offers a comprehensive legal regime for mineral resources, governing their exploitation and benefit sharing.

Within the regimes of the UNCLOS, Different views also have been expressed on whether bioprospecting in the Area are fall under the category of Marine Scientific Research(MSR) or under the freedom of High Seas.

UNCLOS does not use or define the terms bioprospecting. While there is no universally agreed definition of bioprospecting, the term is generally understood, among researchers, as the search for biological compounds of actual or potential value to various applications, in particular commercial applications.

At present there is no specific international legal framework governing the genetic resources and bioprospecting in the Area.

Given the apparent gap, there is a need to elaborate rules of international law with respect to the conservation and sustainable use of genetic resources in the Area. The legal and political activities currently taking place within the United Nations to close this legal gap.

The objectives of this study are to analyze the access and use of genetic resources in the Area in the aspect of present International law. Especially, it focuses on the legal status of genetic resources and bioprospecting in the Area.

Under the Objective, the contents of this thesis as follow:

Chapter Ⅱ analyzes the relevant legal framework for marine genetic resources.

Chapter Ⅲ analyzes the legal status of genetic resources in the Area.

Chapter Ⅳ analyzes the legal status of bioprospecting in the Area.